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Divorcing an Abusive Spouse: What to Consider

Carlsbad, CA – Divorce and domestic violence are each serious enough on their own, but when coupled together, they can create a terrible situation indeed. Divorcing an abusive spouse is something no one should have to face, yet many do. In California alone, nearly 33% of women and 27% of men experience domestic violence in their lives. In the U.S. as a whole, over 12 million women and men go through this ordeal every year.

Divorcing an Abusive Spouse
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“There is absolutely no excuse for abusive behavior,” says John Griffith, a Carlsbad divorce attorney. “If you feel unsafe in your home or that you’re being abused, please call 9-1-1 immediately. No one should have to put up with an abusive spouse.”

There are other resources for those facing abuse, including The National Domestic Violence Hotline and The California Partnership to End Domestic Violence. Both of these sites have contact numbers and information about what steps to take for those living in an abusive household.

Defining Domestic Abuse

Domestic violence is abuse or threats of abuse when the two parties involved are spouses, domestic partners, divorced, separated, dating or used to date, living together or used to, or are close family members.

California law gives a fairly broad definition of domestic violence, which includes, but is not limited to:

  • Sexual assault
  • Physically hurting or trying to hurt someone
  • Threatening someone with harm or injury
  • Harassing, stalking, hitting, or causing fear of harm
  • Destroying personal property
  • Physically abusing family pets
  • Verbally, emotionally, or psychologically abusing someone

How to Divorce an Abusive Spouse

As each domestic abuse case is completely unique, it’s best to seek counsel from a reputable family law firm. These are some common steps to take when seeking a divorce from an abusive spouse:

  • Prepare. There is much to do before the actual divorce proceedings begin. This may include:
    • Securing separate financial accounts
    • Gathering evidence like photographs of damaged property or bodily injuries; harassing or threatening texts, emails, or voice messages; eyewitness accounts for anyone who knows of the abuse happening
    • Filing a police report. Getting the entire situation on record before the divorce can help in the long run, especially if children are involved.
    • Having a plan. It’s necessary to find a safe place to stay until the divorce is finalized.
  • Get a protective order. If the person filing for divorce and/or the children involved face any immediate harm, it’s best to get a restraining order.
  • Seek legal counsel. While it’s always best to have legal help during any divorce, it’s especially essential to seek top-notch family law attorneys to get the intricacies of the case done properly.

If you’re seeking a way out of an abusive marriage, schedule a free consultation with our attorneys as soon as possible to get started. You can also call (858) 345-1720 in San Diego or (858) 345-1720 in Carlsbad.

About us: We at Griffith, Young, and Lass provide expert legal counsel on a wide array of family law cases. We offer our clients in Southern California unparalleled experience and professionalism, always aiming for the best outcome possible.

© 2018 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links

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Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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